Vunisa v State [2013] FJHC 66; HAM13.2013 (22 February 2013)

IN THE HIGH COURT OF FIJI
AT LAUTOKA
CRIMINAL JURISDICTION

CRIMINAL MISCELLANEOUS CASE NO.: HAM 13 OF 2013

BETWEEN :

1. EPARAMA WAQA VUNISA
2. RATU INIA BAINIVALU
3. ADAMA ROKOTUNI
APPLICANTS

AND:

THE STATE
RESPONDENT

Counsel :
Applicants : Mr T Lee
Respondent : Mr S Babitu

Date of Hearing and Order : 22 February 2013

ORDER:

1. The three applicants namely, Eparama Waqa Vunisa, Ratu Inia Bainivalu and Adama Rokotuni stand jointly charged before the Magistrate's Court, Lautoka, in case No. 598/08 for having committed the offence of 'Robbery with Violence' punishable under section 293 of the Penal Code. The offence is alleged to have been committed on 21 July 2008 at Lautoka. The three applicants apply for stay of the proceedings on the basis of the delay in conducting the prosecution to a close.
   
2. Mr Thompson Lee, learned counsel for the applicants, submitted that there were no meaningful steps taken by the prosecution to commence and conclude the case. Instead, the case is being mentioned at regular intervals with no reasonable prospects whatsoever of the commencement of the trial. Mr Lee submitted that, because of the long delay, the three applicants, who are in their youth, are irreversibly affected as they are unable to find suitable employment etc. for their future betterments.
   
3. Learned counsel submitted, as conceded by Mr Babitu, that the case is entirely dependent on the caution-interview statements alleged to have been made by the three applicants. In light of this submission, this court can foresee that the trial would, at its best, not take more than a week. This court, in the circumstances, is unable to comprehend the reasons for the long delay in commencing the trial before the learned Magistrate.
   
4. The complaints of Mr Lee on behalf of the applicants and the inexplicable delay in the conduct of the prosecution may justifiably invest this court with the power to entertain the application for stay of the proceedings in favour of the applicants. Upon the position being made clear, Mr Babitu gives an undertaking that the case will be taken up for trial without any further delay and informs court that the trial date will be set as this case is mentioned on 18 March 2013.
   
5. In view of the undertaking on behalf of the State, this court is not inclined to proceed with the application for stay at this stage. The applicants are, however, at liberty to pursue an application for stay of the proceedings, if the trial is not set and concluded within 6 months from 18 March 2013. Copy of this order to be served on Mr Sivoki, Superintendent of Police, Divisional Prosecuting Officer of the Western Division forthwith and also on the Director of Public Prosecutions.
   
6. In the circumstances, Mr Lee does not wish to proceed with this application. Application withdrawn subject to the foregoing.
   

Priyantha Nāwāna

Judge

High Court

Lautoka

22 February 2013